Rev__1_(cb4_14_15)_LSJ_BMC_Remedy_SW_maintenance_Redacted.pdf

Tracking #JA15-0092

Justification and Approval for “Fair Opportunity Brand Name” BMC Remedy Support

1. Agency and Contracting Activity: Defense Health Agency (DHA), Contracts Operations Division San Antonio (COD-SA), 2720 Howitzer Road, Joint Base San Antonio-Fort Sam Houston, Texas 78234.

2. Nature of Action Being Approved: The government intends to negotiate a new firm fixed price task order using FY15 Operations and Maintenance (O&M) funds for the procurement of BMC Remedy Software support products (brand-name) via NASA Solutions for Enterprise- Wide Procurement (SEWP), in accordance with FAR Part 16.505(b)(1)(iii)(B) “Fair Opportunity and FAR 11.105(c), items peculiar to one manufacturer for orders under indefinite-quantity contracts. This is a renewal for software support for existing DHA equipment. The period of performance will be from 20 July 2015 through 19 July 2016. Fiscal Year 2015 Operations and Maintenance (O&M) funds will be used to fund the proposed base period and two subsequent options years to be exercised.

3. Description of supplies or services required to meet the agency’s needs: The proposed action is to acquire BMC Remedy Support, which provides preventive and remedial software maintenance services for Government-owned network equipment used to operate network activity for the maintenance of the Defense Health Agency (DHA) Remedy system. The cost for each period is as follows: Base period--$ ; Option Year 1-- ; and Option Year 2--

. The total estimated value is $ for the base and two option years.

Since Nov 2008, the BMC Remedy has been used to enhance the DHA network. This support is a necessity to keep the DHA Global Service Center in business at optimum functionality. BMC is a tracking tool for all work performed in support of active duty service members and beneficiaries.

4. Identification of the Authority & Supporting Rationale: In accordance with FAR 16.505(b)(1)(iii)(B)-(Orders under multiple-award contracts- Fair Opportunity and FAR 16.505(a)(4)(iii)(B) a brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Only BMC Remedy software can meet the Government’s requirement. BMC Remedy is the Original Equipment Manufacturer (OEM) for the required brand name Maintenance and Advanced Services Support Agreement. BMC Remedy is the manufacturer of this software and owns the proprietary rights to their software and hardware.

Only BMC Qualified Support Partners are authorized by BMC Remedy to service BMC Remedy products. BMC Remedy equipment is required to maintain commonality of the hardware/software used throughout the Military Health System’s Medical Treatment Facilities network while also meeting the compliance with the Defense Information Systems Agency (DISA) Joint Interoperability Test Command (JITC) Unified Capabilities (UC) Approved Products List (APL). The BMC Remedy hardware/software originally purchased was based on the current production systems to ensure compatibility within the Network Enterprise Infrastructure and compatibility with the existing network server operating systems. Failure to renew the BMC Remedy Software support will reduce inter-operability and increase system maintenance costs. Purchasing hardware/software from a different manufacturer will require additional training, equipment costs and create delays caused by the new hardware configuration that is not expected to be recovered through competition.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 16.505(b)(1): The Contracting Officer hereby determines that this action represents the best value to the Government IAW 16.505(b)(1) and through analyzing product/service information on the technical capabilities and prices/costs from appropriate schedules (CHESS, GSA, DITCO, SEWP) where this requirement will be competed among multiple contract holders. The subsequent awardee provides the greatest overall benefit in response to this requirement. The SEWP fee for awards is currently .39 percent compared to over 2 percent for other contracting vehicles.

6. Market Research: IAW FAR Part 10, market research was conducted by researching and consulting with the civilian and military healthcare organizations to identify alternatives. There are multiple vendors that are able to provide BMC Remedy support services as authorized resellers that will be able to provide the required items. We anticipate adequate price competition under

7. Other Facts:

a. Procurement History: The proposed contract will be a follow-on maintenance renewal of Contract No. W91QUZ-07-A-0006-ZS02, mod 02, which expires 19 July 2015.

b. Acquisition Data Availability: BMC Remedy name brand is the only supplier of the required support. Additionally, in April 2015, market research was conducted and confirmed that BMC Remedy has authorized resellers who are SEWP contract holders who can provide the requisite products.

c. Subcontracting Competition: There are no identifiable Subcontracting Opportunities on this procurement. However, FAR clause 52.244-5, Competition in Subcontracting, is included in the SEWP contracts.

8. A statement of the action, if any, the agency may take to remove or overcome any barriers that lead to the restricted consideration before any subsequent acquisition for the supplies or services is made: Until such time as the infrastructure is changed, there are no efforts to overcome barriers to proprietary systems and software other than offering the requirement to certified partners. No other manufacturer’s products have been found that will meet program needs. However, the Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

Coordination:

9. Technical/Functional Representative: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Title: ___________ Signature: _

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Title: _ Signature: __

11. Legal Review: I have reviewed this justification and approval and it is deemed to be legally sufficient.

Typed Name: __________________________ Date: ______________________________

Title: ___________ Signature: ___________________________

14. Contracting Officer: I certify this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: __________________________ Date: _______________________________

Title: _________________________________ Signature: ___________________________

Approval:

15. Competition Advocate (CA): Based on the foregoing justification, I approve the procurement of BMC Remedy Support on a fair opportunity brand name basis pursuant to the authority of FAR 16.505(b)(1)(iii)(B) and provided that the services and property herein described have otherwise been authorized for acquisition. Subject to availability of funds.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Date: _________________________

Title: Signature: _